Lawyer Mweemba grills Police Boss Kanganja

Lawyer of the moment Keith Mweemba has grilled Zambia Police Chief Kakoma Kanganja in a case the latter has sued Social media commentator Chilufya Tayali for defamation.

When the matter came up for trial before Magistrate Kaoma July 31, 2017 Mweemba who is now representing Tayali cross-examined the Police Boss.

…Kanganja: people will be arrested for circulating my private conversation with Mumbi and Amos.

Keith:Is the witness threatening citizens with arrests?

Kanganja : People and members of the public need to be protected from such individuals

Keith:Which people

Kanganja : including me

Keith: witness you are infringing on people’s rights to freedom of expression contrary to article 20.

Magistrate Kaoma: counsel you are delving into other issues.

Keith: No my lord. We don’t want to pre-empty but we are slowly getting into article 20 on freedoms of expression.
Keith gives witness kanganja the Daily Nation newspaper when Esther Mwaata katongo addressed the nation on the Amos Chanda / IG recording..Have you ever disciplined Esther Katongo your spokesperson for issuing that statement,3 months after?

Kanganja :Am seeing this statement for the first time as i don’t read these local newspapers.

Keith: are you telling the court that this is the first time you are seeing this article?

kanganja : yes my lord.

Keith: Esther katongo mentioned you by name and rank in the article meaning she had your blessings to issue the statement?

Kanganja : I have already answered that.

Keith: ok we shall continue.We however agree that at no point did your spokesperson dispute the conversation between you and Amos Chanda

Kanganja : I can’t confirm because am not even sure whether she is the author of that statement.Am just seeing it in the newspaper.

Keith: Do you as the police usually dispute media reports which you view as not true?

Kanganja : Yes we do

Keith: Have you upto this date disputed or asked for a media retraction of the statement which not only appeared in the Daily Nation but many other media outlets?

Kanganja : No we have not.

Keith: We also agree that your spokesperson never said the recording is fake, according to that Daily Nation statement?

Kanganja : yes

Keith: All she is talking about is the investigation on the origin of the recording?

Kanganja : Yes your honor

Keith: Now am coming to the indictment.Who issued the operation order for the Mongu operation?

Kanganja : Western province police commissioner Charles Lungu

Keith: And you approved it?

Kanganja : yes I did with amendments.

Keith: What of the operation order at the house of UPND President Hakainde Hichilema

Kanganja : it’s the Director of Criminal investigations Deputy Commissioner Webby Shiwa

Keith: is he in this court

Kanganja : yes

Keith: you are right.he is here..a humble citizen of this country.Even your spokesperson Esther Katongo another humble citizen is in this court right?

kanganja: Yes

Keith : Reads the indictment to the witness.Did the police clear Hakainde Hichilema’s motorcade to use the road

Kanganja : No

Keith: Do we agree that there were no police officers along the route as HH was driving along the Limulunga- Mongu road?

Kanganja : We don’t agree because police officers were there.

Keith: I put it to you that you had the benefit of looking at the Mongu footage

Kanganja : No my lord

Keith: Gives him an extract of the IG statement of 12th April 2017…Have you never addressed the nation on the fact that you have had a glimpse of the footage?

Kanganja : Never

Keith:What tools did you use to analyse the Mongu incident?

Kanganja : From the daily briefings

Keith: I knew you will say it’s from the briefings.Does that include briefs from commissioner Lungu

Kanganja : yes

Keith: By 11th April, some people were already calling for your resignation?

Kanganja : Yes

Keith: Mumbi phiri singled you out during her statement as being unprofessional?

Kanganja : I have already answered

Keith: our earlier question was on the police as a whole but now am talking about you as the IG?

Kanganja : Yes

Keith : But you have not brought her to court?

Kanganja :No

Keith : There was pressure from political players to have HH arrested and charged with treason or you resign on moral grounds

Kanganja : Yes my lord..but that’s why i said in my statement then that am not a coward.

Keith : I didn’t ask you what you said.stop soliciting information. I will ask you when need be.Name 5 people that called you asking you to resign as a result of ID 1.as you know the case of defamation should have proof that your reputation had been dented among rightful thinking members of society.

Kanganja : I already answered that question the first day I appeared.

keith: Am not aware so you will answer it again.

COURT:witness at the time you answered that question, the accused did not have a guidance of legal counsel but now his counsel wants you to answer it again.

Kanganja : I can’t remember off hand.

Keith : Did mumbi phiri call you?

kanganja : yes she did

Keith : who else called you?

Kanganja : I can’t remember

Keith: At that time, ID 1 was not yet in circulation right?

Kanganja : Yes

Keith: correct..Am trying to show you are not sincere…Activists such as Wright musona,David Kapoma,Mumbi Phiri and others called on you to do two things: Arrest HH for treason or resign not so for being unprofessional?

Kanganja : Yes

Keith: which of the two did you do or maybe I ask a direct question. You opted to effect an arrest out of the two options given to you?

Kanganja : Yes ..we arrested on professional grounds

Keith : You have in your evidence in chief not availed the court with your mobile number?

Kanganja : Yes because it has not not been requested for.

Keith: so there is no proof before this court that any rightful thinking member of society called you?

Kanganja : No but we can open an investigation into that

Keith: There is no need and we shall not even demand for that investigation.

Keith: At this point my lord am ready to adjourn the matter with my last statement to the witness.Since you don’t know the names of the people that called ..am giving you permission to go and bring the list of people that called you to court tomorrow

Kanganja : There has been passage of time and cannot therefore remember the names.

Keith: it’s neither a question nor request.Am telling you to bring the list..just tabulate.

COURT: You don’t have to bring all the names but only those you can remember.

Keith: my lord for now we are ready to adjourn to tomorrow for continued cross examination of the witness on stand.

Public Prosecutor Paul Mwansa rises to address the court: We are aware that court matters takes precedence over any other issues but we are cognisant of the fact that the witness has other obligations.The dates of tomorrow and Wednesday might not be very favorable for the witness.

COURT : unless which dates?

PP mwansa: Let me consult the witness my lord..walks over to the witness and after a brief whisper comes back to the bar bench to address the court.After consultation the witness has indicated that he is ready to forgoe other commitments and would be available for both days of Tuesday and Wednesday.

COURT: Counsel do we still have need for audio or video evidence or should we go back to our original courtroom?

Keith: There is still alot of video and audio evidence so we continue in this room

COURT: Asks for the interpreter and directs him to make arrangements for cases earmarked for court 3 at 12:00hrs be held in court 6….Magistrate Kaoma then adjourns the matter for continued cross examination to tomorrow Tuesday August 01 2017 at 12:00hrs.The accused remains on bail while the witness remains on oath.